Full Order Text
Final Order 1 · 03 May 2023 · CNR MHCC040101372022
Order Details: Order Pdf Text: 03/05/2023 CORAMH.H.J. Smt. N. S. Anekar (Adhoc Civil and Assistant Session) (C. R. NO.1) M.A. 22/2022 Adv. Ninad Sawant for respondent present. Present MA is taken on by the applicant for setting aside the exparte order dated 30.06.2021 and for restoring the Execution Application to the file, by condoning the delay 142 days in filing the present application. Perused application and say / reply even by the defendant. On perusal of reply it can be seen that defendants have submitted no objection to allow this application because, the parties have settled the disputes and as such are going to file the consent term in the Execution Application. Heard both the sides. Perused the order passed by Ld. Predecessor passed on 30.06.2021. It can be seen that the Execution Application was dismissed because the plaintiff failed to remove the office objections. However, with a view to the relief sought, one opportunity is required to be given to Applicant / Plaintiff. Hence the Order: I. The MA is allowed in terms of prayer clause A and B. II. The Execution Application No.39 of 2021 be restored to its original file. III. The plaintiff/ applicant to remove the office objections by next date. IV. The MA stands disposed off. In view of order on MA No. 22/2022 Exe. App. 39/2021 is restored and Issue notice to JD Adjd. to 01/08/2023 for service/report. Judge -- 1 of 1 --